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HomeMy WebLinkAboutCC Minutes 1997-02-03 Regular 1047 STATE OF TEXAS ) ( CITY 7F FRZENDSWOOD ) { COUNTY OF GALVESTON/HARRIS ) ( FEBRUARY 3, 1997 ) ( MINUT�S OF A REGULAR MEET.ING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAX, FEBRUARY 3, 1997 AT 7:00 p.m. AT FRIENSDWOOD CITY HALL COUNCIT, CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE �.7 FOLLOWING •PRESENT CONSTITUTING A QUORUM: � MAYOR EVEI�YN B. NEWMAN ` i MAyOR PRO TEM JANIS LOWE i COUNCILMEMBER KITTEN F3AJECATE COUNCILMEMBER ' T�JM MANISON COUNCILMEMBER MEL AUSTIN COUNCILMEMBER ALINE DICKEY CITY ATTORNEY JOHN QLSON CITY MANAGER �:ON COX CITY SECRETARY DELORIS P".CKENZIE COUNCILMEMBER JE.RRX ERTCSSON WAS ABSENT FROM TI-3E MEETING. MAYOR NEWMAN CALLED THE MEETING TO ORDER. CITY MANAGER RON COX GA`IE THE INVOCATION. MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE TO THE UNITED STATE.S AND TO THE STATE OF TEXAS. ' A PUBLIC HEARING WAS CALLED TO ORDER BY MAYOR NEWMAN AND VICE CHATR OF THE 'i PLANNING ANA ZONING COMMISSION BILL FINGER TO RE�EIVE PUBLIC COMMENT, EITHER ' ORAL OR WRITTEN, REGARDING PROPOSED AMENDMENTS TO THE SUBDIVISION ORDINANCE TO CLARIFY CERTAIN ISSUES REGARDING THE APPI20VAL AND EXTENSIONS OF PRELIMINARY AND�OR FINAL PLATS. BILL FINGER PRESENTED AND OVERVIEW. , HEARING NO CONIIrIENT5, THE PUBLIC HEARING WAS CLOSED. MAYOR NEWMAN PROCLAIMED TH� MONTH OF FEBRUARY, 1997 AS "CHAMBER APPRECIATION MONTH AND PRESENTED THE PROCLAMATION TO PRESIDENT OF THE CHAMBER, SHERON GRANERE. MAYOR NEWMAN PR�CLAIMED FE$RUARY, 1997, A8 "AMERICAN HISTORY MONTH" AND PRESENTED THE PROCLAMATION TO PATRICIA WALICHOWSK.I, REGENT, AND JUDY MCCULLOUGH, HISTORIAN, REPRESENTING THE CAPTAIN GILBRETH TALLS-ABSOLUM HOOPER CHAPTER, NSDAR. COUNCILMEMBER LOWE REPORTED ON ATTENDING THE SAFETY LUNCHEON FOR CITY EMPLOYEES, THE TML LEGISLATIVE MEETING TODAY, THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) RISIC MANAGEMENT REGIONAL SEMINAR ON PIPELINE SAFETY, STATED THAT THE GULF COAST COALITION REGARDING TEXAS/NEW MEXICO POWER (TNP) WILL MEET TOMORFtOW, ATTENDED THE RETREAT WITH CITY MANAGER, AND ATTENDED THE FAMILY OF THE YEAR MEETING AND CONGRATULATED COUNCILMEMBER TOM MANISON AND H:CS FAMILY FOR BE?ING NOMINATED. r---�. 1048 COUNC�LMEMBER DICTCEY REP�RTED THAT THE RETI2EAT WAS A GOOD SESSION WITH THE FACILITP.TOR, ATTENDED THE CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION (CLAEDF) BANQUET HONORING GEORGE ABBEY, AND ATTENDED THE LEGISLATIVE BRIEFING IN AUSTIN TODAY. COUNCILMEMBER AUSTIN REPORTED ON ATTENDING THE EMPLOYEES 5�1FETX PROGRAM FOR C�TY EMPLOYEES, TALKEp T(� STATE SENATOR JERRY PATTERSON REGARDING THE Cl'��AR CREEK D:2AINAGE PROJECT, TALKED TO COMMISSIONER JANEK REGARDING THE DICKINSON BAYOU PROJECT, MET TODAY WTTH GAI,VESTON COUNTY COMMISSIONERS COURT AND DISCUSSED THE MASTER PLAN FOR DICKINSON BAYOU, ATTENDED THE RETREAT LAST WEDNESDAY AT FII3ICH THE FACILITATOR DID A FINE JOB AND THAT THIS IS A DIVERSE COUNCIL, AND GAVE KUDOS TO CITY MANAGER COX. COUNCILMEMBER MANISON REPORTED ON ATTENDING THE HIJUSTON/GA'LVEST013 AREA �°- ' COUNCIL MEETING ON JANUARY 27TH AND 2�8TH, THE REGIONFiL COUNCIL OF GOVERNMENTS IN AUSTIN ON JANUARY 29TFl, AND THE COUNCTL RETREA`.P aN JA.NUARY 30 tiVFiICH WAS A FANTASTIC JOB, AND VISTTED TEX1�1S CITY TO TOUR �HE NEW YOUTH CENTER, WAS IN DALLAS TO PARTICIPATE IN A NATIONAL, CAMPING COMMERCIAL, AND ATTENDED THE TML LEG2SLATIVE UPDATE IN AU�TIN TODAY. COUNCILMEMBER HAJECATE REPORTED ON ATTENDING THE TML RISK POOL MEETING ON JANLIARY 22°26, AND ATTENDED THE LEGISLATIVE UPDATE MEETING TODAY IN AUSTIN �1ND CONGR.ATUL�ITED COUNCILMEMBER MANISON ON BEING SELECTED FOR FAMILY C�F THE YEAR. ' MAYOR NEWMAN ALSO CONGRATULATED TOM AND ROBIN MANISQN ON BEING NOMINATED AND SFLECTED AS FAMILY OF THE YEAR, ATTENDED THE PRAYER BREA�CFAS`.r HONORING AREA ATHLETES. COUNTY COMMISSIONER ED STUART APPEARED BEFORE COUNCIL AND REPORTED ON THE CLEARCREEK REGIONAL WATERSHEA PLAN AND PRESENTED THE COMMISSIONERS COURT FLANS ON ENDORSING THE PLAN AS PRESENTED DURING THE LAST MEETING, WOULD LIKE TO PRESENT THIS PLAN TO THE VOTERS, THAT THE CLEAR CREEK CORP PROJECT IS ONGOING, LOOKING AT A COUNTY WIDE DRAINAGE PLAN, SIMTLAR TU HARRIS COUNTY FLOOD CONTROL DISTRICT AND STATEn THAT HE APPRECIATED COUNC2T,MEMBER AUSTIN ATTENDING CQMMISSIONERS COURT TODAY. MR. RAY ROGERS REPI7ESENTING CLEAR CREEK DRAINAGE DISTRICT F.EAD 'A LETTER --- REGARDING THE CLEAR CREEK WAT.ERSHED REGIONAL FLOOD CONTROL D:CSTRICT OR "THE MASTER DISTRICT", �TATED THAT HE IS ON THE CLEAR CREEK DRATNAGE DISTRICT BOAF.D, AND HE VOTED AGAINST THE P7�AN, AND EXPLAINED THE REASONS HE WAS OFPOSED. MR. COX nRESENTED LISA KILLIAN, ANIMAL CONTROL OFFICER, THE FIVE STAR SPIRIT AWARD FOR GOING BEYOND THE CALL OF DUTY TO CRAWL INTO A CULVERT FILLTNG WITH �TORM WATER TO RESCUr SOME SMALL PUPPIES THAT WERE IN DANGER OF LOSING TFiEIR LIVES. MR. HAROLD WHITAKER A RESIAFNT OF FRIENDSWOOD FOR 26 YEARS APPEARED BEFORE COUNCIL AND ANNOUNCED THA'P HE WILL BE A CANDIDATE FOR MAYOR. MR. WHITAKER ALSO STATED THAT HE ,3ERVED ON THE FISD SCHOOL BOARD FOR 13 YEARS. I io49 SHERIE WARMINSK7: ALSO APPEARED BEFQRE COUNCIL AND STATED THAT SHE IS A C.P.A. , ATTENDEU COUNCIL MEETINGS OVER THE LAST TWO YEAR5, THE BUDGET MEETINGS T1ND ANNOUNCED THb1T SHE WILL BE A CANDIDATE FOR CITY COUNCIL. MS. LEANNA BRII)GETT, R�PRESENTING REGENCY ESTATES HOA, APPEARED BEFORE COUNCIL TO EXPRESS HER CONCERNS REGARDING RECREATION RESERVE B AND DEED RESTRICTIONS IN REGENCY ESTATE.S SUBDIVIS:ION. MS. BRIDGETT STATED THAT SHE WOULD LIKE THE CITY TO FORMALIZE POLICY OF NOTIFICATION TO THE HOMEOWNERS ASSOCIATIONS FOR CONSIDERATION FOR SAL•ES AND NOTIFICATION OF REZONINGS, EXPRESSED CONCER:t� THAT THE NEW OWNER OF RECREATION RESERVE B HAS DECLINED TO JOIN THE REGENCY ESTATES HOA. CITY MANAGER COX REPORTED ON THE TCI PUBLIC HEARING AND STATED THAT IS IS NOW SCHEDULED FOR MARCH 3, 1997 AND ALSO STFITED THAT A RESPONSE ON BEHALF OF THE CITIES HAS BEEN PREPARED BY CHERYL W:ILSON, OLSON & OLSON, REGARDING RATES. MR. COX REPORTED ON THE GULF COAST COALITION OF CITTES MEETING, THE TCCFUT WORK AT THE LEGISLATURE, THE MEB CONTRACT TIME EXTENSION, THE ENERGY AUDIT BEING PERFORMED BY TNP, AND THE SCHEDULING DISTRIBUTION OF RFP'S FOR INSURANCE BE TO SEND THE RFP'S IN MAY, AND ACCEPT PROPOSALS BY AUGUST 15. MFt. COX REPORTED ON THE RFP'S FOR SAN JOAQUIN BOULEVARD ENGINEERING STAT�D THAT A VERY STMPLE RFP WTLL BE DISTRIBUTED TO ENGINEERING FIRMS TFiAT HAVE DONE BUSINESu WITH THE CITY IN THE. PAST PLUS ANY SUGGESTIONS FROM COUNCIL REGARDING ENGINEERS. COUNCILMEMBERS AUSTIN AND DICKEY STATED TH7�T THE CITY SHOULD PROCEED WITH THE F.FP' S �'OR INSURANCE. COUNCII.,MEMBER DICKEY COMMENDED TNP ON THE ENERGY AUDIT AND ASKED WHEN IS THE COMPLETION DATE WITH MEB ENGINEERING. PUBLIC WORKS DIRECTOR MELVIN MEINECKE STATED THAT WORK HAS STILL TO BE PERFORMED ON THE DITCHES AND STATED THAT WHEN THESE DITCHES ARE EXCAVATED, THEY WILL ALSO BE RE-GRADED. � COUNCILMEMBER LOWE STATED THAT THE CITY SHOULD GO FORWARD WITH THE INSURANCE : RFP'S AND THAT SHE WILL SUBMIT AN A LIST WITH ADDITIONAI, ENGINEER.ING FIRMS FOR THE SAN JOAQUIN PROJECT. COUNCILMEMBER MI�NISON STATED THAT HE YJAS IN FAVOR OF THE RFP'S BEING DISTRIBUTED AS SQON AS POSSTBLE. COUNCILMEMBER HAJECATE STATED THAT SHE AGREED WITH "COUNCIL REGARDING THE INSURANCE RFP'S AND TO PROCEED QUICKLY WITH SAN JOAQUIN. DISCUSSION WAS FiELD REGARDING DISPOSITION OF RECYCLING AEVENUES WITH MAYOR NEWMAN STATING SHE PLACED THIS ITEM ON THE AGENDA FOR DISCUSSION ONI�Y. COUNCILMEMBER DICKEY STAmED THAT SHE UNDERSTOOD THAT THERE WOULD BE NO COST TO PRINT CREDIT ON TH� WATER BILL WITH MR. ROECKER STATING THAT THERE IS CURRENTLX rI0 SPACE ON THE WATER BILL TO A:.,LOW FOR A CREDTT. COUNCI?•MEMBER AUSTIN 5TATED TH.AT NTHEN TI�?E NEW SOFTWARE IS INSTP?�LED, THE CTTY SHOULD L�OK AT A NEW FnRM AND PLAN FOR ADDITIONAL SPACE. 10 50 COUNC�LMEMBEFt HAJECATE STATED THAT SHE WOULD PREFER THIS MONEY STAY IN THE r_ITY A1VD BE USED FOR PROJECTS. COUNCTLMEMBER MANISON STATED TFIAT HE AGREES AND THAT EVERYONEs HE TALKED TO WOULD LIKE TO SEE THIS MONEY PUT BACK INTO A TANGIBLE PROJECT. - MR. COX STATED THAT THE REFUND IS SCHEDULED FOR JULX. COUNCILMEMBER DIGKEY ASKED WHEN THE NEW SOFTWARE WILL BE INSTALLED WITH DIRECTOR ROECKER STATING TI3AT 18 MONTHS IS THE SCHEDULE FOR IMPLEMENTATION FOR THE NEW SOFTWARE AND THAT TFtAININ� STARTS MARCH 4. COUNCILMEMBER LOWE STATED THAT LOOKING AT THE RECYCLING REPORTS FOR OCTOBER, NQVEMBER, AND DECEMBER, THEY SHOW THA.T RECYCI,ING IS UP ANL7 TH�T CITIZENS ARE ;_,_, SAYING A REFUND WILL BE COMING AND ARE RECYCLING MORE AND THA.T A MOTION WAS MADE IN JUI,Y, 1996 TO REFUND AND WILL CHECIi TFiE MINUTES FOR THI� MOTION ON REFLNDING. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE WAYNE SMITH & ASSOCIATES AMENDMENT N0. 9 T�J PROVIDE AESIGN AND CONSTRUCTION PHASE ENGINEERING FOR A 24-INCH SANITAFY SEWER REPLACEMENT ADJACENT TO COWARD'S CREEK. SECOND�D BY COUNCTLMEMBER MANISON. THE MOTION PASSED UNANIMOUSLY **COUNCILMEMBER AUSTIN MOVED TO APPROVE AUTHORIZING ADDITIONAL FUNDS TO BAY AREA CONSULTATTON FOR COUNSELSNG SERVICES AND READ A MOTION FROM COUNCTLMEMBER ERICSSON: "I AM GOING TO PROPOSE THE FOLLOW2DTG MO�ION IN A SENSE OF COMPROMT.SE AND TN 1�N EI�FORT TO BE IN KEEPING WITH THE ORIGINAL INTENT nF PROVIDING FOR EXTSTING CLIENTS WITH BAY AI2EA COUNSELING, UNTIL TIiEY CAN BE PROPERLY CONCLUDED AND REMOVED. ALSO, THAT APPRQPRTATE FUNDING BE APPROVED TO COVER EAP REQUIREMENTS ON A CASE BY CASE BASIS UNTIL A FORMAL EAP CONTRA,CT CAN BE LET. I MOVE THAT THE $3,350 REQUIRED TO COMPLETE THE CURRENT EXISTING BAC CLIENTS BY SEPTEMBER 30, 1997 t3ND UP TO $650.00 TO PROVIDE EAP AS NEEDED ON AN HOURLY BASIS THROUGH MAY 1, 1997 $l. AUTHORIZED." SECONDED BY COUNCI:LMEMBER HAJECA`PE. ***COUNCILMEMBER MANISON MOVED FOR AMENDMENT TO INCLUDE FUNDS TO $20,000 AS i IN THE ORZGINAL BUDGET. � THE MOTION FAILED FOR LACK OF A SECOND. � __, ****`PHE MAIN MOTION PA�SED 5-1 WITI-i CfJUNCILMEMBER MANISON OPPO�ED. **COUNCILMEMBER AUSTTN MOVED TO TABLF, RESOLUTION R97-2, A RESOLUTION OF THE CITY OF FRIENDSWnOD, TEXAS, SUPPOR.TING CERTAIN AMENDMENTS TO H.B. 3179, SAME BEING AN ACT CREATING THE CLEAR CREEK WATERSHED REGIONAL FLOOD CONTROL nISTRICT, AS PROPOSFI7 IIY THE BOARD OF DIRECTORS OF SAID DISTRICT AND THE CL•EAR CREEK WATERSHED STEERING CQMMITTEE; ?�ND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT. �ECONDED BY COUNCILMEMBER DTCKEY. THE MOTION PASSED UNANIMOUSLY. � **CQUNC7_LMEMBER HAJECATE P40VED TO APPROVE RESOLUTION R97-3, A RESOLUTION OF THE CIT`f OF FR.IENDSWOQD, TEXAS, SUPPORTTN� LEGISLATION TO ALLOW MEMBER CITIES IN TI3�' METROFOLITAN TRANSIT AUTHORITY OF HAR:2IS COUNTY TO WITHDRAW FROM SUCH AUTi30RITY; P.rID PROVIDING OTHER MATT�RS REI.,ATED TO THE SUBJECT. SECONDED BY COUNrTLMEMBER LOWE. THE MOTION PASSED UNANIMOUSLY. 1051 **COUNCZLMEMBER DICKEY MOVED TO APP�OVE RESOLUTION R97-4, A RESOLUTION OF THE CITY OF F'RSENDSWOOD, TEXAS, GALVESTON/HARRIS COUNTIES, SUBMITTING NOMINATION OF E'LAINE KOSTY', LEAGUE CITY TO THE BOARD OF DIRECTORS OF THE GALV�STON CENTRAL APPRAISAL DISTRICT FOR 1997/1998. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE RESOLUTION R97-5, A RESOLUTION OF THE CITY OF FRII?NDSWOOD, TEXAS, CALLING GENERAL FLECTION FOR MAYOR AND TWO MEMBERS OF COUNCIL AND DESIGNATING TWO POLLING PLACES. ,-----,. SECUNDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE SECOND AND FTNAL READING OF ORDINANCE N0. Z'97-2, AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 85-19, AS AMENDED, ORIGINALLY ADOPTED THE 25TH DAX OF SEPTEMBER, 19$5, BEING APPENDIX B OF THE FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING PLATS AND THE SUBDIVISION OF LAND WITHIN THE CITY BY STRIKING ALL OF PARAGRAPH (5) OI' SUBSECTION (b) OF 5ECTION II THEREOF AND SUBSTITUTING THEREFOR A NEW PARAGRAPH (5) , BY STRIKING ALL OF PARAGRAPHS (3) AND (7) OF SUBSECTION (c) OF SECTION II TH�REOF. AND SUBSTITUTING THEREFORE NEW FARAGRAPHS (3) AND (7)M AND BY STRIKING ALL OF PARI�GRAPH {5) OF SUBaECTION (d) OF SECTION II THEREOF AND SUBSTITUTING THEREFOR A NEW PARAGRAPH (5) ; PROVIDING TFiRT THE EXTENSIONS OF PRELIMTNARY AND/OR FINAL PLAT APPROVAL MAY B� APPROVED ONLY BY THE PLANNING .AND ZONING COMMISSION UPON THE SHOWING OF' GOOD CAUSE; PROVIDING A PENAI.;TY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATIOI� OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER MANISON. THE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER MANTSON MOVED TO APP'ROVE THE CONSENT AGENDA WITH THE I EXCEPTION OF ITE'sM B AS PRESENTED AND WITH A CORRECTIQN TO THE MINUTES OF JANUARY 20, 1997. A. PAYMENT OF CAPI`.PAL PROJECTS - 1. CENTENNIAL PARK PHASE I GRADING AND DRAINAGE WITH THE SECOND PAY[�NT TO DUNKIN SIMS STOFFELS, INC. FOR LANDSCAPING ARCHITECTURAI, SERVICES AND REIMBURSABLE EXPENSES IN THE AMOUNTS OF $17,335 AND $630.50 RESPECTIVEI�Y. THE PROJECT IS �'� 75 PERCENT COMPLETE. 2. RANCHO VIEJO SANITARY SEWER AND LIFT STATION WITH THE SIXTEENTH AND SEVENTEENTH PAYMENTS IN THE AMOUNT OF $1,592.69 TO WAYNE SMITH AND ASSOCTATES FOR ENGINEERING SERVICES ON SEGMENTS A,B,C,D AND E QF THE RANCHO VIEJO SANITARX 5EWER AND LIFT STATION DURING DECEMBER 1996. CONSTRUCTION ENGINEERING ON SEGMENTS A,B,C AND D IS 86 PERCENT COMPLETE. 3. OLD CITY PAI2K REST RQOMS (a) PAYMENT LESS RETAINAGE - FOLTRTH AND FII'TH PAYMENTS TO FROST CONSTIZUCTORS, INC. FOR CUNSTRUCTION OF REST ROOMS DURING JANUARY, IN THE AMOUNTS OF $4,009.50 AND $3,100. THE PROJECT IS COMPLETE AND PENDING A PLUMBING TEST AS SOON AS THE WATER AND SEWER ARE CONNECTED. (b) CERTIFICATE OF FINAL ACCEPTANCE OF REST ROOMS AT OLD CITY PARK AND ' AUTHORTZATION TO MAKE FINAL PAYMENT. TOTAL CONSENT AGENDA PAYMENTS $26,667.69. C. MINUTES OF JANUARY 20, 1997 WITH CORRECTIONS. SECONDED BY COUNCILMEMBER AUSTIN. THE M07.'ION PASSED UNANIMOUSLY. ** COUNCIT,MEMBER MANISON MOVED TO APPROVE I:TEM B.- APPROVING AMENDMENTS TO PERSONNEL FOI,I�Y - NON-CHARGEABLE SICK LL;AVE LIMITED TO TWO HOURS PER MONTH AND �HANGING Et4ERGENCY LEAVE TO BEREAVEMENT LEAVE. SECQNDED BY COUNCILMEML'ER IIUSTIN. THE MOTION PASSED 4-2 WITH MAYOR NEWMAN AND COUN CILI��MLEl? HAJECATE OPPQSED. � � 1052 C�UNCIL CONVENED INTO EXECUTIVE SESSION PURSUANT TO TEXA5 GnVERNMENT CODE, �ECTION 551.074, PERSONNEL MATTERS-EVALUATION OF CITY SECRETARY. COUNCIL RE-CONVENED INTO REGULAR SESSION WITH NO ArT.ION TAKEN. A MOTTON WAS MADE AND PASSED TO ADJOURN AT 10:30 P.M. ,�.�� .��/�v�-�ti�/ MAYOR ELXN B. NEV�(MAN � ATTEST: I C � ELORIS MCKENZ E, T C CTTY SECRETARY ._._� I